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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Rules and Regulations
E-Government Act Compliance The Department is committed to complying with the E-Government Act of 2002, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.
List of Subjects in 7 CFR Part 275
Grant programs-social programs, Reporting and recordkeeping requirements.
Accordingly, 7 CFR part 275 is amended as follows:
PART 275PERFORMANCE
REPORTING SYSTEM
1. The authority citation for part 275
continues to read as follows:

Authority: 7 U.S.C. 20112036.

2. Amend 275.2 by adding paragraphs c and d to read as follows.

275.2

State agency responsibilities.

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c Use of third party contractors. Any State agency procuring services of a contractor for quality control related services, including any project or training that involves the interpretation of SNAP regulations, policies, or handbooks for quality control or payment accuracy purpose, must ensure that all activities and deliverables performed by the contractor within the scope of the contract adhere to Federal law, regulations, and policies. Activities performed or deliverables provided by a contractor that are not in accordance with Federal law, regulations, or policies are unallowable SNAP
administrative costs and are not eligible for Federal reimbursement.
1 For expenses related to the hiring of a contractor for any quality control related work to qualify for SNAP
administrative cost reimbursement under 277.4b, FNS requires the following:
i The State must notify FNS in writing of its intent to hire a contractor at least 30 days prior to entering into the contract to do so. The notification must include a copy of the selected contractors complete proposal, which must receive FNS approval before the State may proceed with the procuring the contract.
ii Once the contract is procured, the State must submit to FNS a copy of the signed contract and documentation that outlines all tasks and deliverables to be performed or produced by the contractor.

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iii The State must submit to FNS a copy of all deliverables, including any training materials, provided by the contractor.
iv The State must notify FNS of the date, time, and location of any training sessions led by the contractor at least 10
days in advance of the training. FNS
shall be allowed to attend any such training session with or without providing prior notice to the State agency or the contractor.
v If the State discusses individual sampled cases with the contractor, the State must document, within the case file, the contents of the discussion and any action taken by the State as a result of the discussion. If the discussion occurs orally, FNS shall be given notice 24 hours in advance of the discussion and shall be allowed to participate in the discussion. If the discussion occurs in writing, the State must ensure that FNS is copied on all written correspondence discussing individual sampled cases.
2 Copies of documentation and notices required in paragraph c1 of this section must be provided to the appropriate FNS Regional SNAP
Director.
3 In accordance with the nonprocurement debarment procedures under 2 CFR part 417, or successor regulations, FNS shall debar any person that, in carrying out the quality control system, knowingly submits or causes to be submitted false information to FNS.
4 Compliance date: Paragraph c1
of this section contains informationcollection requirements. Compliance with paragraph c1 will not be required until this paragraph c4 is removed or contains a compliance date, after review of such requirements by the Office of Management and Budget pursuant to the Paperwork Reduction Act.
d FNS Access to State Systems.
Subject to data and security protocols agreed to by FNS and a State agency administering SNAP, each State agency shall ensure that FNS has complete access, including remote access for QC
purposes, to both the records that are used in the administration of SNAP, including but not limited to the records contained within certification and EBT
systems, and the information systems in which such records are contained.
3. In 275.3:
a. Redesignate paragraphs c and d as paragraphs d and e; and b. Add a new paragraph c.
The addition reads as follows:

c Reviews of State Agencys Quality Control System. FNS will conduct a management evaluation ME of at least two State Quality Control systems annually, to the maximum extent practicable. The ME will include, but not be limited to, a determination of whether the State agency is complying with FNS regulations; an assessment of the State agencys methods and procedures for conducting and managing the Quality Control system;
and an assessment of the data collected by the State agency and submitted to the FNS Regional Office for conducting reviews.

4. Amend 275.4 by revising paragraph c to read as follows:

275.3

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Federal Monitoring.

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275.4

Record retention.

c QC review records consist of Forms FNS380, Worksheet for Supplemental Nutrition Assistance Program, FNS3801, Quality Control Review Schedule, FNS245, Negative Quality Control Review Schedule; other materials supporting the review decision, including all correspondence with the household and all case notes, digital or otherwise, taken or used by the eligibility worker that are applicable to the review period; sample lists;
sampling frames; tabulation sheets; and reports of the results of all quality control reviews during each review period.
5. In 275.11 amend paragraph g by:
a. Revising the paragraph heading;
b. In the first sentence, removing the phrase, , and households participating based upon an application processed by Social Security Administration personnel;
c. In the third sentence, removing the term 275.21e and adding, in its place, the term 275.21d;
d. In the third sentence removing the term 275.23b2 and adding, in its place, the term 275.23b1; and e. Removing the sixth and seventh sentences.
The revision reads as follows:
275.11

Sampling.

g Demonstration projects.
6. In 275.12 amend paragraph h by:
a. Revising the paragraph heading;
and b. Removing the third and fourth sentences.
The revision reads as follows:
275.12

Review of active cases.

h Demonstration projects.

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